EXHIBIT 10-b
CITIZENS BANK OF MASSACHUSETTS
REVOLVING DEMAND NOTE
$800,000.00 July , 2003
Boston, Massachusetts
For value received, the undersigned, Vulcan Industries, Inc., a Michigan
corporation (the "Borrower"), hereby promises to pay ON DEMAND, and if demand is
not sooner made, then as provided in the Loan Agreement (defined below), to the
order of Citizens Bank of Massachusetts, a Massachusetts bank (the "Bank"), at
its main office in Boston, Massachusetts, or at any other place designated at
any time by the holder hereof, in lawful money of the United States of America
and in immediately available funds, the principal sum of Eight Hundred Thousand
($800,000.00) Dollars or, if less, the aggregate unpaid principal amount of all
loans made by Bank to Borrower under the Loan Agreement, together with interest
on the principal amount hereunder remaining unpaid from time to time, computed
on the basis of the actual number of days elapsed and a 360-day year, from the
date hereof until this Note is fully paid at the rate from time to time in
effect under the Demand Loan and Security Agreement (All Assets) of even date
herewith (the "Loan Agreement") by and between Bank and Borrower. The principal
hereof and interest accruing thereon shall be due and payable as provided in the
Loan Agreement.
This Note may be prepaid in whole or in part at any time and from time to
time without premium or penalty.
This Note is issued pursuant, and is subject, to the Loan Agreement, which
provides, among other things, for acceleration hereof. This Note is the "Note"
referred to in the Loan Agreement.
This Note is secured, among other things, pursuant to the Loan Agreement,
and may now or hereafter be secured by one or more other security agreements,
mortgages, deeds of trust, assignments or other instruments or agreements.
Xxxxxxxx hereby agrees to pay all costs of collection, including
attorneys' fees and legal expenses in the event this Note is not paid when due,
whether or not legal proceedings are commenced.
Presentment or other demand for payment, notice of dishonor and protest
are expressly waived.
All rights and obligations hereunder shall be governed by the laws of the
Commonwealth of Massachusetts and this Note shall be deemed to be under seal.
VULCAN INDUSTRIES, INC.
By:_____________________________________________
Xxxxxx X. Xxxxxxxxx, President and Treasurer
